A MOTHER who challenged a decision to take her newborn baby into care shortly after he was born has been reunited with the little boy.
Earlier this week, the mother lost a High Court action against a district court decision allowing the HSE to take the baby into emergency care when he was a day old.
On Monday, Mr Justice Sean Ryan at the High Court found the order allowing the HSE to take the child into care for a period of eight days was valid and lawful. The parties involved in the case cannot be identified, by order of the court.
The mother, who under the terms of the care order was granted access of two hours a day, five days a week, appealed the ruling to the Supreme Court.
Yesterday, when the appeal was briefly mentioned before the Supreme Court, Chief Justice Ms Susan Denham was told the emergency care order had expired on Thursday.
The infant is now back with his mother and is subject to a supervision care order.
Barrister Michael O'Higgins, for the mother, said his client wished to proceed with the appeal given that the case had raised an issue of public importance. Barrister Tim O'Leary, for the HSE, said it will oppose the appeal on the basis it is now pointless.
The Chief Justice, in adjourning the matter until later this month, said the issues raised were ones that do come before the courts from time to time.
In proceedings challenging the legality of the care order, the High Court heard the HSE applied for the care order due to concerns it had about the baby's safety. The HSE had particular concerns about the infant's father.